SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999

This compilation was prepared on 22 May 2012
taking into account amendments up to Act No. 37 of 2009
and SLI 2012 No. 54

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Volume 2 includes:      Note 1
                                    Table of Acts
                                    Table of Instruments
                                    Act Notes
                                    Table of Amendments
                                    Notes 2 and 3

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Social Security (International Agreements) Act 1999	173, 1999	20 Dec 1999	20 Mar 1999
A New Tax System (Family Assistance and Related Measures) Act 2000	45, 2000	3 May 2000	Schedule 3 (items 56, 57), Schedules 5 and 6: (a)	Sch. 5 and Sch. 6 [see Note 1]
Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000	94, 2000	30 June 2000	Schedule 9: 1 Aug 2000 (b)	--
Family and Community Services (2000 Budget and Related Measures) Act 2000	138, 2000	24 Nov 2000	Schedule 1 (items 1-19, 22), Schedules 2, 3 and Schedule 4 (item 1): 1 Jan 2001 Schedule 4 (item 2): 1 Mar 2001 Remainder: Royal Assent	--
Family and Community Services Legislation Amendment Act 2003	30, 2003	15 Apr 2003	1 July 2000	--
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006	64, 2006	22 June 2006	Schedule 14 (item 13): 1 July 2006	--
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006	108, 2006	27 Sept 2006	Schedule 5 and Schedule 8 (items 225, 226): Royal Assent	--
Employment and Workplace Relations Amendment Act 2009	37, 2009	3 June 2009	Schedule 2 (items 36-41): 4 June 2009	--

Title	Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Social Security (International Agreements) Act 1999 Amendment Regulations 2000 (No. 1)	2000 No. 104	15 June 2000	1 Oct 2000	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2000 (No. 2)	2000 No. 105	15 June 2000	1 Jan 2001	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2000 (No. 3)	2000 No. 165	22 June 2000	1 Oct 2000	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 1)	2001 No. 215	17 Aug 2001	1 Jan 2002	--
as repealed by
Social Security (International Agreements) Act 1999 Repeal Regulations 2002	2002 No. 34	7 Mar 2002	7 Mar 2002	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 2)	2001 No. 245	14 Sep 2001	1 Jan 2002	--
as repealed by
Social Security (International Agreements) Act 1999 Repeal Regulations 2002	2002 No. 34	7 Mar 2002	7 Mar 2002	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 1)	2002 No. 31	7 Mar 2002	1 July 2002	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 2)	2002 No. 32	7 Mar 2002	Schedules 1: 1 Jan 2003 Schedule 3: 1 Apr 2003 Remainder: 1 Oct 2002	R. 2 (am. by 2002 No. 164, Sch. 1 [item 1]; 2002 No. 225, Sch. 1 [item 1])
as amended by
Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 4)	2002 No. 164	27 Jun 2002	27 Jun 2002	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 7)	2002 No. 225	26 Sept 2002	26 Sept 2002	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 3)	2002 No. 33	7 Mar 2002	Schedule 2: 1 Jan 2003 Remainder: 1 Oct 2002	R. 2 (am. by No. 2002, 210, Sch.1 [item 1])
as amended by
Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 6)	2002 No. 210	12 Sep 2002	12 Sep 2002	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 5)	2002 No. 165	3 Jul 2002	1 Jan 2003	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2003 (No. 1)	2003 No. 207	15 Aug 2003	1 Jan 2004 (c)	--
as amended by
Social Security (International Agreements) Legislation Amendment Regulations 2003 (No. 1)	2003 No. 374	23 Dec 2003	R. 3: 23 Dec 2003	--
Social Security (International Agreements) Legislation Amendment Regulations 2003 (No. 1)	2003 No. 374	23 Dec 2003	Rr. 1-3: 23 Dec 2003 Remainder: 1 July 2004	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2004 (No. 1)	2004 No. 19	26 Feb 2004	1 July 2004	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2004 (No. 2)	2004 No. 109	3 June 2004	1 July 2005	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2005 (No. 1)	2005 No. 21	25 Feb 2005	1 July 2005	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2005 (No. 2)	2005 No. 191	22 Aug 2005	1 Jan 2006	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2006 (No. 1)	2006 No. 149	26 June 2006	1 Jan 2007	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2007 (No. 1)	2007 No. 144	18 June 2007	1 Jan 2008	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2007 (No. 2)	2007 No. 352	22 Oct 2007	Rr. 1-3: 23 Oct 2007 Remainder: 1 Oct 2008	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2008 (No. 1)	2008 No. 107	20 June 2008	Rr. 1-3: 21 June 2008 Remainder: 1 Jan 2009 (see F2008L04699)	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2008 (No. 2)	2008 No. 265	19 Dec 2008	Rr. 1-3: 20 Dec 2008 Remainder: 1 July 2009 (see F2009L02118)	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2009 (No. 1)	2009 No. 58	14 Apr 2009	Rr. 1-3: 15 Apr 2009 Remainder: 1 Oct 2009 (see F2009L03482)	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2010 (No. 1)	2010 No. 21	2 Mar 2010	Rr. 1-3: 3 Mar 2010 Remainder: 1 Oct 2010 (see F2010L02140)	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2010 (No. 2)	2010 No. 247	18 Oct 2010	Rr. 1-3: 19 Oct 2010 Schedule 1: 1 Apr 2011 (see F2011L00516) Remainder: 1 July 2011 (see F2011L01259)	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 1)	2011 No. 137	4 Aug 2011	Rr. 1-3: 5 Aug 2011 Remainder: 1 Jan 2012 (see F2011L02466)	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 2)	2011 No. 154	17 Aug 2011	Rr. 1-3: 18 Aug 2011 Remainder: 1 Jan 2012 (see F2011L02468)	--
Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 3)	2011 No. 258	12 Dec 2011	Rr. 1-3: 13 Dec 2011 Remainder: [see Note 2]	--
Social Security (International Agreements) Amendment Regulation 2012 (No. 1)	2012 No. 54	23 Apr 2012	Rr. 1-3: 24 Apr 2012 Remainder: [see Note 3]	--

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
S. 10....................................	am. No. 64, 2006; No. 37, 2009
S. 12A.................................	ad. No. 138, 2000
S. 13....................................	am. Nos. 45 and 94, 2000
S. 14A.................................	ad. No. 45, 2000
	am. No. 30, 2003; No. 108, 2006
Schedule 2.........................	rs. Statutory Rules 2000 No. 104
	am. Statutory Rules 2000 No. 165
Schedule 3.........................	rs. Statutory Rules 2002 No. 31
Schedule 4.........................	rs. Statutory Rules 2001 No. 215 (as rep. by Statutory Rules 2002 No. 34); Statutory Rules 2002 No. 32
Schedule 5.........................	rs. Statutory Rules 2002 No. 165
Schedule 6.........................	rs. SLI 2005 No. 21
Schedule 7.........................	rs. Statutory Rules 2001 No. 215 (as rep. by Statutory Rules 2002 No. 34); Statutory Rules 2002 No. 32 (as rs. by Statutory Rules 2002 No. 225)
Schedule 8.........................	rs. SLI 2005 No. 191
Schedule 9.........................	rs. Statutory Rules 2001 No. 245 (as rep. by Statutory Rules 2002 No. 34); Statutory Rules 2002 No. 32
Schedule 10.......................	am. Statutory Rules 2001 No. 215 (as rep. by Statutory Rules 2002 No. 34); Statutory Rules 2002 No. 32; SLI 2011 No. 137
Schedule 12.......................	ad. Statutory Rules 2000 No. 105
Schedule 13.......................	ad. Statutory Rules 2002 No. 33
Schedule 14.......................	ad. Statutory Rules 2002 No. 33
	rs. SLI 2007 No. 352
Schedule 15.......................	ad. Statutory Rules 2003 No. 374
	rs. SLI 2009 No. 58
Schedule 16.......................	ad. Statutory Rules 2004 No. 19
Schedule 17.......................	ad. Statutory Rules 2003 No. 207
Schedule 18.......................	ad. Statutory Rules 2004 No. 109
Schedule 19.......................	ad. SLI 2006 No. 149
Schedule 20.......................	ad. SLI 2007 No. 144
Schedule 21.......................	ad. SLI 2007 No. 352
Schedule 22.......................	ad. SLI 2007 No. 352
Schedule 23.......................	ad. SLI 2008 No. 107
Schedule 24.......................	ad. SLI 2008 No. 265
Schedule 25.......................	ad. SLI 2010 No. 21
Schedule 26.......................	ad. SLI 2010 No. 247
Schedule 27.......................	ad. SLI 2010 No. 247
Schedule 28.......................	ad. SLI 2011 No. 154

Note 2

Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 3) (SLI 2011 No. 258)

The following amendment commences on a day to be fixed by legislative instrument made by the Minister:

Schedule 1

[1] After Schedule 28

insert

Schedule 29 -- Republic of Hungary

Note: See sections 5 and 8.

AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF HUNGARY ON SOCIAL SECURITY

Australia and the Republic of Hungary, hereinafter "the Contracting Parties",

Wishing to strengthen the existing friendly relations between the two countries,

and

Being desirous of regulating the relationship between their two countries with respect to social security,

Have agreed as follows:

PART I

GENERAL PROVISIONS

Article 1

Definition of terms

1. In this Agreement:

(a) "benefit" means a pension or allowance that is payable under the applicable legislation of a Contracting Party, including any increase or supplement that is payable but, for Australia, does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee;

(b) "Competent Authority" means,

in relation to Australia, the Secretary of the Government Department responsible for the social security law specified in Article 2, except in Part II of the Agreement, and other Parts of the Agreement as they affect that Part, where it means the Commissioner of Taxation or an authorised representative of the Commissioner; and,

in relation to the Republic of Hungary, the ministers, ministries or other relevant authorities responsible for systems regulated by the legislation referred to in Article 2.1.(b);

(c) "Competent Institution" means, in relation to Australia, the institution or agency which has the task of implementing the applicable legislation; and, in relation to the Republic of Hungary, the responsible institution where the person is or has been insured;

(d) "creditable period" means, in relation to Australia, a period of residence used to qualify for a benefit under the social security law of Australia; and, in relation to the Republic of Hungary, a period of contributions under legislation of the Republic of Hungary, or a period deemed equivalent to, or considered as, a period of contributions under that legislation;

(e) "eligible person" means a person who has acquired eligibility for benefits under the social security legislation specified in Article 2 of this Agreement;

(f) "legislation" means the laws and regulations specified in Article 2 of this Agreement;

(g) "period of Australian working life residence" means, in relation to a person, a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 13 to be a period in which that person was an Australian resident;

(h) "residence " means a place where the person concerned has permanent residence in accordance with the applicable laws of the Contracting Party;

2. Any term not defined in this Article shall have the meaning assigned to it in the applicable legislation of the Contracting Parties.

Article 2

Legislative Scope

This Agreement shall apply to the following legislation:

(a) in relation to Australia:

(i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;

(ii) in relation to Part II of the Agreement and other Parts of the Agreement as they affect that Part, the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations);

(b) in relation to the Republic of Hungary, to the laws and regulations concerning:

(i) the insurance obligation and the payment of contribution covering social insurance benefits and benefits paid in case of unemployment; and

(ii) the social insurance pension benefits.

2. Subject to Article 2.4, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation specified in paragraph 1.

3. Unless otherwise provided in this Agreement, the legislation referred to in this Article shall not include any treaty or any other agreement on social security entered into by either Contracting Party with a third party.

4. This Agreement shall also apply to laws and regulations of a Contracting Party which define new schemes or branches of social security, subject to written notification thereof by the Competent Authority of a Contracting Party to the Competent Authority of the other Contracting Party. Unless the Competent Authority of the other Contracting Party objects within 3 months of the date of such notification, the material scope of this Agreement will include the content of the notification from a date mutually agreed by the Competent Authorities of the Contracting Parties.

Article 3

Personal Scope

This Agreement shall apply to:

(a) any person who is or has been covered by the legislation of one or both of the Contracting Parties;

(b) any person who is or has been an Australian resident; and

(c) other persons to the extent they derive rights under the applicable legislation from the persons described in sub-paragraph (a).

Article 4

Equality of Treatment

Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and obligations regarding eligibility for and payment of benefits which arise whether directly under the legislation of that Contracting Party or by virtue of this Agreement.

Article 5

Export of Benefits

1. Unless otherwise provided in this Agreement, benefits payable under the legislation of a Contracting Party to any person described in Article 3, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the person resides in the territory of the other Contracting Party, and these benefits shall be paid when that person is a resident of, or in, the territory of either Contracting Party.

2. In relation to Australia, for the purposes of Article 5.1, any increase or supplement that is payable under this Agreement, shall be payable to a person outside Australia only for the period specified in the Social Security Act 1991. The reference to the Social Security Act 1991 includes any laws that subsequently amend, supplement or replace that Act.

PART II

P ROVISIONS CONCERNING THE APPLICABLE LEGISLATION

Article 6

General provisions

1. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Australia or the Republic of Hungary do not have a double liability under the legislation of Australia and the Republic of Hungary, in respect of the same work of an employee.

2. This Part only applies if an employee and/or their employer would, apart from this Part, be subject to the legislation of both Contracting Parties in respect of work of the employee or remuneration paid for the work.

3. Subject to this Part of the Agreement, if an employee works in the territory of a Contracting Party, the employee and their employer shall, in respect of that work, be subject only to the legislation of that Contracting Party.

Article 7

Secondment

1. If a person who is subject to the legislation of a Contracting Party and who is employed by an employer registered under the laws of that Contracting Party is sent, in the course of that employment, to work for that employer or a related entity of that employer in the territory of the other Contracting Party, that person and their employer shall, in respect of that work, be subject only to the legislation of the first Contracting Party as though that work was performed in its territory.

2. For the purposes of paragraph 1, a related entity, registered in the territory of the other Contracting Party, is:

(a) the subsidiary or the majority owner of the employer; or

(b) an associated enterprise of the employer, where both are majority owned by the same enterprise.

3. Paragraph 1 shall not apply to a secondment of more than 48 months without the prior consent of the Competent Authorities of both Contracting Parties or their delegated institutions or agencies.

Article 8

Diplomatic and Consular Relations

This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations of 24 April 1963.

Article 9

Government employment

A person engaged in Government employment for a Contracting Party who is sent to work in the territory of the other Contracting Party shall, in respect of that employment, be subject only to the legislation of the first Contracting Party. For Australia, "Government" includes a political subdivision or local authority of Australia.

Article 10

Exception agreements

The Competent Authorities of the Contracting Parties or their delegated institutions or agencies may, upon the request of the employer, or in regards to the Republic of Hungary upon the request of the employer and the employee, provide by mutual consent for further exceptions to the general provisions on applicable legislation of this Agreement, provided the person concerned continues, or shall come, to be covered by the legislation of either Contracting Party .

Article 11

Certificates

Where the legislation of one Contracting Party is applicable in accordance with any of the provisions of this Part, the Competent Authorities of the Contracting Parties or their delegated institutions or agencies shall issue, upon the request of the employer, a certificate stating that the employee is subject to the legislation of that Contracting Party and indicating the duration for which the certificate shall be valid. The employee concerned as well as the employer and the delegated institutions or agencies of the other Contracting Party shall be entitled to receive a copy upon request.

PART III

PROVISIONS RELATING TO AUSTRALIAN BENEFITS

Article 12

Residence or Presence in the Republic of Hungary

Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit, except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged, but:

(a) is an Australian resident or a resident of the Republic of Hungary; and

(b) is in Australia, or the territory of the Republic of Hungary,

that person, so long as he or she has been a resident of Australia at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.

Article 13

Totalization in relation to Australian benefits

1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:

(a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that benefit; and

(b) a period of Australian working life residence equal to or greater than the period specified in Article 13.4 for that person; and

then that creditable period completed under the legislation of the Republic of Hungary shall be deemed to be a period in which that person was an Australian resident for the purposes of meeting any minimum qualifying periods for that benefit.

2. For the purposes of Article 13.1, where a person:

(a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and

(b) has creditable periods under the legislation of the Republic of Hungary that equal or exceed in total the minimum period referred to in Article 13.2(a);

the total of the creditable periods shall be deemed to be one continuous creditable period.

3. For the purposes of this Article, where a period by a person as an Australian resident and a creditable period completed under the legislation of the Republic of Hungary coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.

4. The minimum period of Australian working life residence to be taken into account for the purposes of Article 13.1 shall be:

(a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of which at least six months must be continuous; and

(b) for the purposes of an Australian benefit that is payable to an Australian resident, there is no minimum period.

5. For the purpose of this Article, a creditable period completed under the legislation of the Republic of Hungary shall be deemed as a period as an Australian resident only if that creditable period is certified by the Competent Institution of the Republic of Hungary.

Article 14

Calculation of Australian Benefits

1. Subject to Article 14.2, where an Australian benefit is payable only by virtue of this Agreement to a person outside Australia, the rate of that benefit shall be determined according to the legislation of Australia, and proportionalised where applicable, but on the basis that the additional child amount is nil.

2. Where a person comes temporarily to Australia, Article 14.1 shall continue to apply for 26 weeks from the date of their arrival in Australia.

3. Subject to Article 14.4, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by:

(a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Republic of Hungary which that person or the partner of that person is entitled to receive if applicable; and

(b) deducting the amount of the benefit under the legislation of the Republic of Hungary which that person is entitled to receive from the maximum rate of that Australian benefit; and

(c) applying to the remaining benefit obtained under Article 14.3(b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under Article 14.3(a).

4. Where a person departs temporarily from Australia, Article 14.3 shall continue to apply for 26 weeks from the date of their departure from Australia.

5. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of the Republic of Hungary each of them shall be deemed, for the purposes of this Article and of the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be.

PART IV

PROVISIONS RELATING TO BENEFITS UNDER THE LEGISLATION OF THE REPUBLIC OF HUNGARY

Article 15

Residence in Australia may qualify a person for Hungarian benefits (Totalization)

1. Where the legislation of the Republic of Hungary makes the acquisition, maintenance or recovery of eligibility for a benefit conditional upon the accumulation of creditable periods, if the criteria of eligibility for a benefit are not met solely under the legislation of the Republic of Hungary, the Competent Institution of the Republic of Hungary shall take into account the creditable periods completed under the legislation of Australia as if these periods were completed under its own legislation, provided that such creditable periods do not overlap.

2. Where the legislation of the Republic of Hungary makes the granting of certain benefits conditional upon the creditable periods completed only in an occupation which is subject to a special scheme, or the eligibility to these benefits is subject to condition of creditable periods completed in specific occupations or employment, periods completed under the legislation of Australia shall only be taken into account for the granting of these benefits if these were completed under a corresponding scheme or, for lack of this scheme, in similar occupation or employment. If the totalization of creditable periods does not establish eligibility to a benefit within the specific scheme of benefits, these creditable periods shall be totalized within the general scheme of insurance.

3. Where eligibility to a full benefit is acquired under the legislation of the Republic of Hungary without the application of paragraphs 1 and 2 of this Article, the benefit shall be defined by the Competent Institution of the Republic of Hungary only on the basis of creditable periods completed under the legislation which it applies.

4. Once the Hungarian pension has been awarded the accumulation of additional creditable periods under the legislation of Australia shall not result in the revision of the Hungarian pension.

Article 16

Calculating the amount of Hungarian partial benefits

Where a person is entitled to a full benefit under the legislation of the Republic of Hungary only on the basis of totalising creditable periods, the Competent Institution of the Republic of Hungary shall calculate the amount of pension to be paid, as if all creditable periods acquired under the legislation of both Contracting Parties were taken into account for the establishment of the pension. The Competent Institution of the Republic of Hungary shall pay only the proportion of the pension calculated by this calculating method that corresponds to the ratio of creditable periods completed under the legislation of the Republic of Hungary to the total creditable periods under the legislation of both Contracting Parties.

Article 17

The basis of calculation of benefits

Where under the legislation of the Republic of Hungary the benefits are calculated on the basis of income and contribution s paid, the Competent Institution of the Republic of Hungary shall take into account only the income or contributions paid under the legislation which it applies.

Article 18

Creditable period less than 1 year

Where the total creditable periods completed under the legislation of the Republic of Hungary is less than 365 days, provided that no eligibility to benefits is established only on the basis of this creditable period, the Competent Institution of the Republic of Hungary shall not apply totalisation and shall not grant any benefit for a period shorter than 365 days.

Article 19

Concurrence of benefits

1. In relation to the Republic of Hungary, the legislation which excludes or limits eligibility to benefits or benefits in the case of concurrence of eligibility, benefits or incomes, shall be applied as appropriate to cases arising from the application of the legislation of Australia.

2. In relation to the Republic of Hungary, it shall not be possible to acquire or to maintain eligibility to several benefits or incomes of similar type based on the same mandatory insurance period in keeping with this Agreement. This shall not apply to benefits for invalidity, old age or death.

PART V

MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

Article 20

Lodgement of Documents

1. A claim, appeal or other documentation concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Contracting Party in accordance with the Administrative Arrangement made pursuant to Article 22 at any time after the Agreement enters into force.

2. The date on which a claim, appeal or other documentation referred to in Article 20.1 is lodged with the Competent Institution of one Contracting Party shall be considered as the date of lodgement of that claim, appeal or other documentation with the Competent Institution of the other Contracting Party. The Competent Institution with which a claim, appeal or other documentation is lodged shall refer it without delay to the Competent Institution of the other Contracting Party.

3. A claim for a benefit from one Contracting Party shall be considered as a claim for the corresponding benefit from the other Contracting Party so long as the claimant has indicated in that claim that there is, or there was, an affiliation with the social security system of that other Contracting Party. For Australia, this provision shall not be applied if the completed claim for Australian benefit is not received by the Australian Competent Institution within 12 months of the date of lodgement of the claim for the Hungarian benefit.

4. A claim, appeal or other documentation may not be rejected by a Competent Authority or Competent Institution solely because it is in the language of the other Contracting Party.

5. The reference in Article 20.1 to an appeal is a reference to an appeal that may be made to an administrative body under the legislation of either Contracting Party.

Article 21

Payment of Benefits

1. If a Contracting Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Contracting Party shall implement measures as soon as practicable to guarantee the rights to payment and delivery of benefits payable under the legislation of that Contracting Party or by virtue of this Agreement. The measures shall operate retrospectively to the time when the restrictions were imposed.

2. A benefit payable by a Contracting Party by virtue of this Agreement shall be paid by that Contracting Party without deduction for government administrative fees and charges.

3. Payments made under the scope of this Agreement shall be carried out on the basis of rules which are in force in the territory of the Contracting Parties at the date of such payment s.

4. Any exemption granted from fees and duties in respect of certificates and documents required to be submitted to the Competent Authorities and Competent Institutions of one Contracting Party, shall also apply to certificates and documents which, for the purposes of this Agreement, need to be submitted to the competent Authority or Competent Institution of the other Contracting Party. Documents and certificates required to be produced for the purpose of this Agreement shall be exempt from authentication by diplomatic and consular authorities.

Article 22

Administrative Arrangement

1. The Competent Authorities of the Contracting Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementation of this Agreement.

2. The Competent Authorities shall appoint Liaison Agencies which are to be listed in the Administrative Arrangement.

3. Without prejudice to the provisions laid down in paragraph 1, the Liaison Agencies and the Competent Institutions , shall be entitled, with the involvement of the Competent Authorities , to agree on measures that are necessary and appropriate for the implementation of this Agreement, including the procedures of reimbursement and payment of benefits.

Article 23

Exchange of Information and Mutual Assistance

1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall, to the extent permitted by their national laws:

(a) communicate to each other any information necessary for the application of this Agreement or the social security law of Australia or the legislation of the Republic of Hungary;

(b) provide assistance to each other with regard to the determination or payment of any benefit under this Agreement as if the matter involved the application of their own legislation;

(c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation in so far as these changes affect the application of this Agreement; and

(d) assist each other, at the request of the claimant, in relation to the implementation of agreements on social security entered into by either Contracting Party with third States.

2. The Competent Institution of a Contracting Party will, to the extent permitted by the legislation which it administers, provide, upon request, to the Competent Institution of the other Contracting Party such medical information and documentation as are available concerning the disability of a claimant or beneficiary.

3. If the Competent Institution of a Contracting Party requires that a claimant or beneficiary who resides in the territory of the other Contracting Party to undergo a medical examination, the Competent Institution of the latter Contracting Party, at the request of the Competent Institution of the first Contracting Party, will make arrangements for carrying out this examination.

4. The assistance referred to in Article 23.1-23.3 shall be provided free of charge, unless otherwise provided for in the Administrative Arrangement pursuant to Article 22.

5. In no case shall the provisions of Article 23.1 be construed so as to impose on a Contracting Party the obligation to:

(a) carry out administrative measures at variance with the laws or the administrative practice of either Contracting Party; or

(b) supply information which is not ordinarily obtainable under the laws or in the normal administrative practice of either Contracting Party.

6. In the application of this Agreement, the Competent Authority and the Competent Institution of a Contracting Party may communicate with the other, or with the person concerned, in any of the official languages of the Contracting Parties.

7. The Competent Institution of the Republic of Hungary may mail decisions by recorded delivery with request of a return receipt, and other documents in registered mail, directly to the person who is present in the territory of either Contracting Party.

8. Claims for benefits, appeals, any related documents and any notification or other communication by a person will be lodged with the Competent Institution of either Contracting Party.

9. The Liaison Agencies of the Contracting Parties will supply to each other in an agreed format relevant information, such as death, change of address, change of relationship status and changes in the amount of benefits for mutual beneficiaries as they occur.

Article 24

Data protection

Where on the basis of this Agreement and in accordance with the national laws of both Contracting Parties, personal data is transferred, the following provisions shall be applied:

(a) For the purpose of implementing this Agreement, only personal data necessary for providing benefits or otherwise necessary for the purposes specified in Article 23.1 of this Agreement may be disclosed by one Contracting Party to the Competent Institution of the other Contracting Party. The receiving Contracting Party may process and use this data for such purposes. In all other cases, data may be disclosed to other institutions exclusively with the prior consent of the transmitting Competent Institution and in accordance with the national laws applicable to such institutions;

(b) The Competent Institution receiving such data shall, upon request and in individual cases, inform the Competent Institution providing the data of the purpose for which it has used the data disclosed and the results of such use;

(c) The Competent Institution providing data must ensure that the data to be disclosed is accurate, and is necessary and proportional from the point of view of the purpose of data disclosure. At the same time, all valid data provision prohibitions must be taken into consideration, pursuant to the national legislation of that Contracting Party. If it becomes evident that the data disclosed is incorrect, or data has been supplied that may not have been disclosed under the legislation of the Contracting Party providing the data, the receiving Competent Institution shall be notified without delay. The receiving Competent Institution shall correct or delete such data, as appropriate;

(d) The Competent Institution as well as the Competent Authority shall inform the person concerned upon their request, on the data about him and the purpose of using such data, on the legal basis for and the duration of the use of the data, and on who and for what purpose has received or shall receive such data. In other respects, the rights of the person concerned with regard to being informed of data held about him/her shall be subject to the national legislation of the Contracting Party whose Competent Institution or Competent Authority was requested to provide the information;

(e) If a Competent Institution of one Contracting Party has disclosed personal data under this Agreement, the receiving Competent Institution of the other Contracting Party, within its responsibility under the domestic legislation applicable to it, may not argue against the person concerned that the data provided was incorrect. Payment of compensation for damages due to incorrect provisioning of data shall be governed by the laws of the Contracting Party which provided incorrect information;

(f) Personal data received shall be deleted without delay when it is no longer required for the purpose of disclosure;

(g) The transmission and receipt of personal data shall be recorded both by the transmitting and by the receiving Competent Institutions;

(h) Both the transmitting and the receiving Competent Institutions shall ensure the effective protection of personal data from unauthorized access, illegal alterations and unauthorized disclosure.

(i) On the request of the person concerned, both the receiving and the transmitting Competent Institutions shall correct the incorrect data handled by it or delete data handled illegally. The other Competent Institution shall be immediately informed of such correction or deletion;

(j) The Contracting Parties shall ensure that, in case of the infringement of the rights related to their personal data protection, the persons concerned may seek remedy under the laws of the Contracting Party which infringed the person's rights;

(k) Data processed under this Agreement shall be subject to independent oversight according to the national law of the Contracting Parties.

Article 25

Resolution of Disputes

1. The Competent Authorities of the Contracting Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.

2. The Contracting Parties shall consult promptly at the request of either Contracting Party concerning matters which have not been resolved by the Competent Authorities in accordance with Article 25.1.

Article 26

Review of Agreement

Where a Contracting Party requests the other to meet to review this Agreement, the Contracting Parties shall meet for that purpose within six months after that request was made and, unless the Contracting Parties otherwise agree, their meeting shall be held in the territory of the Contracting Party to which that request was made.

Article 27

The right of representation of diplomatic and consular missions

The officials of diplomatic and consular missions of the Republic of Hungary functioning in the territory of Australia , upon the request of eligible persons, and without a specific authorisation , in order to ensure and maintain the rights of its nationals, may represent before the Competent Institutions , the Competent Authorities and the related bodies of Australia, taking into consideration the effectual practice and procedural rules of Australia, if the eligible persons are not able to represent their rights and interests appropriately due to their absence or any other reason.

PART VI

TRANSITIONAL AND FINAL PROVISIONS

Article 28

Transitional and eligibility provisions

1. This Agreement shall not establish any right to a benefit for any period before the date of entry into force of this Agreement.

2. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and creditable periods completed under the legislation of the Republic of Hungary before the entry into force of this Agreement shall also be taken into account.

3. Articles 7 and 9 apply from the date of entry into force of this Agreement, even if the employee was sent by his or her employer before that date. For this purpose, the period of secondment is taken to start on the entry into force of this Agreement.

Article 29

Obligation of the Republic of Hungary relating to this Agreement

The present agreement shall in no way prejudice the obligations of the Republic of Hungary as a member state of the European Union. Consequently the provisions of the present Agreement shall not be invoked or interpreted in such a way as to invalidate or otherwise affect the obligations of the Republic of Hungary imposed by the Treaties on which the European Union is founded.

Article 30

Entry into Force

This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Contracting Parties through the diplomatic channel notifying each other that all treaty and legislative requirements as are necessary to give effect to this Agreement have been satisfied.

Article 31

Termination

1. Subject to Article 31.2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Contracting Party receives from the other Contracting Party a note through the diplomatic channel giving notice of termination of this Agreement.

2. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:

(a) at the date on which termination takes effect, are in receipt of benefits; or

(b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or

(c) immediately before the date of termination are subject only to the legislation of one Contracting Party by virtue of Articles 7, 9 or 10 of Part II of this Agreement, provided the employee continues to satisfy the criteria of that Article.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

DONE in two originals at Gödöllő on this 7th day of June two thousand and eleven in the English and Hungarian languages, each text being equally authoritative.

Kevin Rudd Dr János Martonyi

FOR AUSTRALIA

FOR THE REPUBLIC OF HUNGARY

As at 22 May 2012 the amendment is not incorporated in this compilation.

Note 3

Social Security (International Agreements) Amendment Regulation 2012 (No. 1) (SLI 2012 No. 54)

The following amendment commences on a day to be fixed by legislative instrument made by the Minister:

Schedule 1

[1] After Schedule 29

insert

Schedule 30--Republic of Latvia

Note: See sections 5 and 8.

AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF LATVIA ON SOCIAL SECURITY

PREAMBLE

Australia and the Republic of Latvia (hereinafter "the Parties"),

Wishing to strengthen the existing friendly relations between the two countries,

and

Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage,

Have agreed as follows:

PART I

GENERAL PROVISIONS

Article 1

Definitions

1. In this Agreement, unless the context otherwise requires:

"benefit" means:

as regards Australia,
a pension or any other benefit under the Acts specified in subparagraph 1(a)(i) of Article 2, including any additional amount, increase or supplement, which is payable to a person under those Acts;

as regards the Republic of Latvia,
a pension or any other benefit under the Acts specified in subparagraph 1(b) of Article 2, including any additional amount, increase or supplement, which is payable to a person under those Acts.

"Competent Authority" means, in relation to Australia, the Secretary of the Commonwealth Department responsible for the legislation specified in subparagraph 1(a)(i) of Article 2, except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the Commissioner of Taxation or an authorised representative of the Commissioner; and, in relation to the Republic of Latvia, the Ministry of Welfare;

"Competent Institution" means, in relation to Australia, the institution or agency which has the task of implementing the applicable Australian legislation; and, in relation to the Republic of Latvia, the institution which is responsible for providing benefits under the legislation of the Republic of Latvia;

"insurance period" means, in relation to the Republic of Latvia, a period of contributions used to acquire the right to a benefit under the legislation of the Republic of Latvia, including a period deemed as equivalent to an insurance period;

"legislation" means:

in relation to Australia, the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the laws specified in subparagraph 1(a)(ii) of Article 2;

in relation to the Republic of Latvia, the laws specified in subparagraph 1(b) of Article 2.

"period of Australian working life residence" means a period defined as such in the legislation of Australia but does not include any period deemed pursuant to Article 11 to be a period in which a person was an Australian resident;

"residence" and "resides" mean, in relation to the Republic of Latvia, that a person has his or her place of actual residence in the territory of the Republic of Latvia, including a person who has a temporary or permanent residence permit to stay in the Republic of Latvia.

2. In the application of this Agreement by a Party, any term not defined shall, unless the context otherwise requires, have the meaning which it has under the legislation of that Party.

Article 2

Legislative Scope

1. Subject to paragraph 2, this Agreement shall apply to the following legislation:

(a) in relation to Australia:

(i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;

and

(ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations);

(b) in relation to the Republic of Latvia:

(i) the Law on State Social Insurance, but only to the extent that it applies to the pension insurance;

(ii) the Law on State Pensions, but only to the extent that it applies to the old age pension and the survivor's pension, death grant and allowance for the deceased's spouse;

(iii) the Law on State Funded Pensions, but only to the extent that it applies to the old age pension and the survivor's pension; and

(iv) the Law on State Social Allowances, but only to the extent that it applies to the state social security benefit in cases of old age and the survivors.

2. Subject to paragraphs 4 and 5, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation specified in paragraph 1.

3. Notwithstanding the provisions of subparagraph 1(a), this Agreement shall apply to women who are receiving an Australian wife pension at the date this Agreement comes into force and are the wives of persons receiving an Australian age pension.

4. Notwithstanding the provisions of paragraph 1, the legislation referred to in this Article shall not include treaties or other international agreements on social security that may be concluded between one Party and a third party.

5. This Agreement shall not apply to future legislation which extends the existing legislation of either Party to new categories of beneficiaries unless both Parties agree otherwise.

Article 3

Personal Scope

This Agreement shall apply to any person residing in the territory of either Party who:

(a) is or has been an Australian resident; or

(b) is or has been subject to the legislation of the Republic of Latvia that is specified in subparagraph 1(b) of Article 2;

and, where applicable, to other persons in regard to the rights they derive from the person described above.

Article 4

Equality of Treatment

1. Subject to this Agreement and unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations regarding eligibility for and payment of benefits which arise whether under the legislation of that Party or by virtue of this Agreement.

2. Paragraph 1 shall not apply to the transitional provisions of the Law on State Pensions of the Republic of Latvia regarding insurance periods accumulated prior to 1 January 1991 outside the Republic of Latvia.

Article 5

Export of Benefits

1. Benefits of one Party, when payable by virtue of this Agreement, shall be payable to persons who are residents of, or in, the territory of either Party.

2. In relation to Australia, for the purposes of paragraph 1, any additional amount, increase or supplement that is payable under this Agreement, shall be payable to a person outside Australia only for the period specified in the provisions of the Social Security Act 1991. The reference to the Social Security Act 1991 includes any laws that subsequently amend, supplement or replace that Act.

3. In relation to Latvia, notwithstanding any other provision in this Agreement, state social security benefit and supplement to the old age pension shall be paid to a person who is outside the Republic of Latvia only to the extent permitted by the legislation of the Republic of Latvia.

PART II

PROVISIONS ON APPLICABLE LEGISLATION

Article 6

Application of this Part

This Part only applies if:

(a) an employee and/or their employer would, apart from this Part, be subject to the legislation of both Parties in respect of work of the employee or remuneration paid for the work;

(b) an employee or self-employed person from the Republic of Latvia is sent to work in Australia and would otherwise come to be covered by the legislation of Australia and not remain covered by the legislation of the Republic of Latvia; or

Article 7

Diplomatic and Consular Relations

This Agreement shall not affect the application of the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations of 24 April 1963.

Article 8

Applicable Legislation

1. Unless otherwise provided in paragraphs 2 or 3, if an employee works in the territory of one Party, the employer of the employee and the employee shall in respect of the work and the remuneration paid for the work be subject only to the legislation of that Party.

2. If an employee:

(a) is covered by the legislation of one Party ('the first Party');

(b) was sent by an employer who is subject to the legislation of the first Party to work in the territory of the other Party ('the second Party');

(c) is working in the territory of the second Party in the employment of the employer or a related entity of that employer;

(d) a period of 4 years from the time the employee was sent to work in the territory of the second Party has not elapsed; and

(e) the employee is not working permanently in the territory of the second Party;

then the employer and their employee shall be subject only to the legislation of the first Party in respect of the work performed after the commencement of this Part and the remuneration paid for that work.

3. If an employee:

(a) is covered by the legislation of one Party ('the first Party');

(b) was sent by the Government of the first Party to work in the territory of the other Party ('the second Party');

(d) is not working permanently in the territory of the second Party;

then the employer and employee shall be subject only to the legislation of the first Party in respect of the work performed after the commencement of this Part and the remuneration paid for that work. For the purposes of this paragraph, "Government" includes in relation to Australia a political subdivision or local authority of Australia.

4. For the Republic of Latvia, if a self-employed person:

(a) is covered by the legislation of the Republic of Latvia;

(b) is working in the territory of Australia;

(d) is not working permanently in the territory of Australia,

then the self-employed person shall be subject only to the legislation of the Republic of Latvia in respect of the work performed and the remuneration paid for that work after the commencement of this Part.

5. For the purposes of subparagraph 2(c) an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group.

Article 9

Exception agreements

1. The Competent Institutions of the Parties may for the purposes of this Part by agreement in writing:

(a) extend the period of 4 years referred to in subparagraph 2(d) of Article 8 for any employee; or

(b) provide that an employee is deemed to work in the territory of a particular Party or to work on a ship or aircraft in international traffic under the legislation of a particular Party and is covered only by the legislation of that Party.

2. Any agreement made under paragraph 1 may apply to:

(a) a class of employees; and/or

(b) particular work or particular type of work (including work that has not occurred at the time the agreement is made).

PART III

PROVISIONS RELATING TO BENEFITS UNDER THE LEGISLATION OF AUSTRALIA

Article 10

Residence or Presence in the Republic of Latvia

1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged, but:

(a) is an Australian resident or resides in the Republic of Latvia; and

(b) is in Australia or the Republic of Latvia,

that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.

2. For the purpose of subparagraph 1(a), a person who resides in the Republic of Latvia shall be limited to persons who permanently reside in the Republic of Latvia.

Article 11

Totalisation for Australia

1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:

(a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that benefit; and

(b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and

then, only for the purpose of meeting any minimum qualifying period for that benefit set out in the legislation of Australia, the insurance period accumulated under the legislation of the Republic of Latvia shall be deemed to be a period in which that person was an Australian resident.

2. For the purposes of paragraph 1, where a person:

(a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and

(b) has accumulated an insurance period under the legislation of the Republic of Latvia in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a);

the total of the insurance periods under the legislation of the Republic of Latvia shall be deemed to be one continuous period.

3. For the purposes of this Article, where a period by a person as an Australian resident and an insurance period under the legislation of the Republic of Latvia coincide, then this period shall be taken into account once only by Australia as a period as an Australian resident.

4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:

(b) for the purposes of an Australian benefit that is payable to an Australian resident, there shall be no minimum period.

5. For the purposes of this Article, an insurance period under the legislation of the Republic of Latvia shall be deemed to be a period as an Australian resident only if that insurance period is certified by the Competent Institution of the Republic of Latvia.

Article 12

Calculation of Australian Benefits

1. Subject to paragraph 2, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the amount of that benefit shall be determined according to the legislation of Australia, but on the basis that the additional child amount is nil.

2. Where a person comes temporarily to Australia, paragraph 1 shall continue to apply for 26 weeks from the date of their arrival in Australia.

3. Subject to paragraph 4, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the amount of that benefit shall be determined by:

(a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Republic of Latvia which that person or the partner of that person is entitled to receive if applicable; and

(b) deducting the amount of the benefit under the legislation of the Republic of Latvia which that person is entitled to receive from the maximum amount of that Australian benefit; and

(c) applying to the remaining benefit obtained under subparagraph (b) the relevant calculation method set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a).

4. Where a person departs temporarily from Australia, paragraph 3 shall continue to apply for 26 weeks from the date of their departure from Australia.

5. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of the Republic of Latvia, each of them shall be deemed, for the purposes of this Article and of the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be.

PART IV

PROVISIONS RELATING TO BENEFITS UNDER THE LEGISLATION

OF THE REPUBLIC OF LATVIA

Article 13

Totalisation

1. Unless otherwise provided in this Agreement, if a person is not eligible for a benefit because he or she has not accumulated sufficient insurance periods under the legislation of the Republic of Latvia, the eligibility of that person for that benefit shall be determined by totalising these periods and those specified in paragraphs 2 and 3, provided the periods do not overlap.

2. For the purpose of determining eligibility for an old age pension or survivor's pension under the Law on State Pensions, a period of Australian working life residence shall be considered as an insurance period under the legislation of the Republic of Latvia only if that period is certified by the Competent Institution of Australia.

3. For the purpose of determining eligibility for a state social security benefit under the Law on State Social Allowances, Australian residence periods shall be considered as insurance periods under the legislation of the Republic of Latvia provided that in the case of a benefit for old age, the person concerned has resided in the Republic of Latvia for the 12 continuous months immediately before claiming the benefit.

4. For the purposes of this Article, where an insurance period under the legislation of the Republic of Latvia and a period by a person as an Australian resident coincide, then this period shall be taken into account once only by the Republic of Latvia as a period of Latvian insurance.

5. Notwithstanding any other provision in this Agreement, if the total duration of the insurance periods accumulated by a person under the legislation of the Republic of Latvia is less than one year and if, taking into account only those periods, no right to a benefit exits under the legislation of the Republic of Latvia, the Competent Institution of the Republic of Latvia shall not be required to pay a benefit to that person in respect of those periods by virtue of this Agreement.

Article 14

Calculation of the amount of Benefit Payable

1. If, under the legislation of the Republic of Latvia, the conditions of eligibility for a benefit are met without the need for the totalisation provisions in Article 13, the Competent Institution of the Republic of Latvia shall determine the amount of that benefit exclusively on the basis of the insurance periods accumulated under its legislation.

2. If, under the legislation of the Republic of Latvia, eligibility for a benefit can be established only through the application of the totalisation provisions in Article 13, the Competent Institution of the Republic of Latvia shall establish eligibility for the benefit but grant the benefit only on the basis of insurance periods accumulated in the Republic of Latvia.

3. Death grant and allowance for the deceased's spouse shall be calculated according to the legislation of the Republic of Latvia.

PART V

MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

Article 15

Lodgement of Documents

1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in accordance with the Administrative Arrangement made pursuant to Article 18 at any time after the Agreement enters into force.

2. For the purposes of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of one Party shall be considered as the date of lodgement of that document with the Competent Institution of the other Party. The Competent Institution with which a claim, notice or appeal is lodged shall refer it without delay to the Competent Institution of the other Party.

3. A claim for a benefit from one Party shall be considered as a claim for the corresponding benefit from the other Party so long as the claimant has indicated in that claim that there is, or there was, an affiliation with the social security system of that other Party and provided the Competent Institution of the other Party receives the claim within 12 months of the lodgement of the original claim.

4. The reference in paragraph 1 to an appeal is a reference to an appeal that may be made to an administrative body established by, or administratively for the purposes of, the respective legislation.

Article 16

Payment of Benefits

1. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but in no case shall that date be a date earlier than the date on which this Agreement enters into force.

2. The Parties will prevent any legal or administrative restrictions on the transfer of currency outside their territory to guarantee the rights to payment and delivery of benefits payable under their legislation or by virtue of this Agreement.

3. A benefit payable by a Party by virtue of this Agreement shall be paid without deduction for government administrative fees and government charges for processing and paying that benefit.

Article 17

Exchange of Information and Mutual Assistance

1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:

(a) communicate to each other all available information necessary for the application of this Agreement or the social security laws of Australia and the Republic of Latvia;

(b) provide assistance to one another, including the communication to each other of any necessary information, with regard to the determination or payment of any benefit under this Agreement or under the legislation to which this Agreement applies, as if applying their own legislation;

(c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation to the extent that these changes affect the application of this Agreement.

2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the Competent Authorities and Competent Institutions for the reimbursement of certain types of expenses.

3. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required to be submitted to the Competent Authorities and Competent Institutions in the same territory, shall also apply to certificates and documents wh ich, for the purposes of this Agreement, need to be submitted to the Competent Authorities and Competent Institutions in the territory of the other Party. Documents and certificates required to be produced for the purpose of this Agreement shall be exempt from authentication by diplomatic and consular authorities.

4 .Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Competent Authority or a Competent Institution of that Party by a Competent Authority or a Competent Institution of the other Party is confidential and shall be used only for the purposes of implementing this Agreement and the legislation to which this Agreement applies.

5. In no case shall the provisions of paragraphs 1 and 4 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligation:

(a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or

(b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or the other Party.

6. Notwithstanding any laws or administrative practices of a Party, no information concerning a person which is received by that Party from the other Party shall be transferred or disclosed to any other country or to any organisation within any other country without the prior written consent of that other Party.

7. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other Party in any of the official languages of the Parties.

8. An application or document may not be rejected by a Competent Authority or Competent Institution solely because it is in an official language of the other Party.

Article 18

Administrative Arrangement

1. The Competent Authorities of the Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementation of this Agreement.

2. The Competent Authorities shall appoint liaison bodies which are to be listed in the Administrative Arrangement.

Article 19

Dispute Settlement

1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.

2. The Parties shall consult promptly, whether through diplomatic channels or otherwise, at the request of either Party concerning matters which have not been resolved by the Competent Authorities in accordance with paragraph 1.

Article 20

Review of Agreement

Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than six months after that request was made and, unless the Parties otherwise arrange, their meeting shall be held in the territory of the Party to which that request was made.

PART VI

TRANSITIONAL AND FINAL PROVISIONS

Article 21

Transitional Provisions

1. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and insurance periods under the legislation of the Republic of Latvia, and any fact or event relevant to that entitlement completed before the entry into force of this Agreement shall also be taken into consideration.

2. In relation to the Republic of Latvia, paragraph 1 shall not apply where a benefit has already been awarded under the legislation of the Republic of Latvia for periods prior to the commencement of this Agreement.

3. Subject to the legislation of either Party, this Agreement shall not result in any reduction in the amount of any benefit to which entitlement was established prior to its entry into force.

4. Article 8, paragraphs 2, 3 and 4 shall apply from the date of entry into force of this Agreement, notwithstanding that the work undertaken by reference to these paragraphs may have commenced before this Agreement entered into force.

Article 22

Entry into Force

This Agreement is concluded for an indefinite period and shall enter into force on the first day of the second month following the month in which the last written notification is exchanged by the Parties through the diplomatic channel notifying each other that all matters as are necessary to give effect to this Agreement have been finalised.

Article 23

Termination

1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other written notice through the diplomatic channel giving notice of termination of this Agreement.

2. In the event of termination, this Agreement shall continue to apply in relation to all persons who:

(a) at the date on which termination takes effect, are in receipt of benefits; or

(b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or

(c) immediately before the date of termination are subject only to the legislation of one Party by virtue of paragraph 2, 3 or 4 of Article 8 or Article 9 of Part II of the Agreement, provided the employee or self-employed person continues to satisfy the criteria of that paragraph.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

DONE in two originals at RIGA this 7^th day of September, two thousand and eleven in the English and Latvian languages, each text being equally authoritative.

Signed by Dr Russel Trood Ilona Jursevska

Special Envoy to Eastern Europe Minister of Welfare

FOR AUSTRALIA

FOR THE REPUBLIC OF LATVIA

As at 22 May 2012 the amendment is not incorporated in this compilation.

Commonwealth Consolidated Acts

SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999 - NOTES

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 10....................................	am. No. 64, 2006; No. 37, 2009
S. 12A.................................	ad. No. 138, 2000
S. 13....................................	am. Nos. 45 and 94, 2000
S. 14A.................................	ad. No. 45, 2000
	am. No. 30, 2003; No. 108, 2006
Schedule 2.........................	rs. Statutory Rules 2000 No. 104
	am. Statutory Rules 2000 No. 165
Schedule 3.........................	rs. Statutory Rules 2002 No. 31
Schedule 4.........................	rs. Statutory Rules 2001 No. 215 (as rep. by Statutory Rules 2002 No. 34); Statutory Rules 2002 No. 32
Schedule 5.........................	rs. Statutory Rules 2002 No. 165
Schedule 6.........................	rs. SLI 2005 No. 21
Schedule 7.........................	rs. Statutory Rules 2001 No. 215 (as rep. by Statutory Rules 2002 No. 34); Statutory Rules 2002 No. 32 (as rs. by Statutory Rules 2002 No. 225)
Schedule 8.........................	rs. SLI 2005 No. 191
Schedule 9.........................	rs. Statutory Rules 2001 No. 245 (as rep. by Statutory Rules 2002 No. 34); Statutory Rules 2002 No. 32
Schedule 10.......................	am. Statutory Rules 2001 No. 215 (as rep. by Statutory Rules 2002 No. 34); Statutory Rules 2002 No. 32; SLI 2011 No. 137
Schedule 12.......................	ad. Statutory Rules 2000 No. 105
Schedule 13.......................	ad. Statutory Rules 2002 No. 33
Schedule 14.......................	ad. Statutory Rules 2002 No. 33
	rs. SLI 2007 No. 352
Schedule 15.......................	ad. Statutory Rules 2003 No. 374
	rs. SLI 2009 No. 58
Schedule 16.......................	ad. Statutory Rules 2004 No. 19
Schedule 17.......................	ad. Statutory Rules 2003 No. 207
Schedule 18.......................	ad. Statutory Rules 2004 No. 109
Schedule 19.......................	ad. SLI 2006 No. 149
Schedule 20.......................	ad. SLI 2007 No. 144
Schedule 21.......................	ad. SLI 2007 No. 352
Schedule 22.......................	ad. SLI 2007 No. 352
Schedule 23.......................	ad. SLI 2008 No. 107
Schedule 24.......................	ad. SLI 2008 No. 265
Schedule 25.......................	ad. SLI 2010 No. 21
Schedule 26.......................	ad. SLI 2010 No. 247
Schedule 27.......................	ad. SLI 2010 No. 247
Schedule 28.......................	ad. SLI 2011 No. 154